Local Council Orders Against Dogs

The TGB Criminal Law Team writes about the legal options available for people who have received a notice of intention to make a control or destruction order against their dog.

If you receive a notice or expiation from your local council about your dog’s behaviour you may need to pay a fine. In some cases the council may even make a control or destruction order against your dog. It is important to understand your rights in this situation and that there are options available to you to dispute the allegations.

There are various powers given to councils in South Australia in order to control and restrict the behaviour of your dog. These powers come from the Dog and Cat Management Act 1995 and are enforced by local council dog management officers.

Dog management officers may issue an expiation notice against you as the owner of the dog for a number of offences. It is an offence if your dog is:

1. Unregistered: Your dog is required to be registered if over the age of 3 months.

2. Wandering at large: Your dog is considered to be wandering at large when in a public space (other than a park) and not under effective control or on someone else’s property without their consent.

3. Transported unrestrained: Your dog is required to be restrained if placed in the back of a ute, truck or similar vehicle.

4. In a shop without the permission of the shop owner. 

5. Or if your dog attacks, harasses, chases or otherwise endangers the health of a person or an animal owned by someone, regardless of whether injury is caused.

The council may also make a Control Order against your dog.  Control Orders can be issued by Councils if your dog is a nuisance and continually barks (Barking Order), is dangerous and has attacked, harassed or chased something (Dangerous Dog Order, Menacing Dog Order or Nuisance Dog Order). Depending on the allegations you may be required to do any of the following:

– Have your dog desexed or microchipped.
– Keep your dog under constant physical restraint in public.
– Place your dog in a specified collar or muzzle.
– Place warning signs on your property, or
– Have your dog complete specified training.

The council may even make an order for the destruction or seizure of your dog.

Both the notice of expiation and an intention to make a control/destruction order can be disputed. If you feel that your notice of intention to make an order or notice of expiation is not warranted then it may be necessary to seek legal advice.

Contact your nearest TGB office or register for an appointment online here.